M/S JAI BAJRANG BALI RICE AND GENERAL MILL v. THE STATE OF U.P. THRU SECY. AND OTHERS
WRIC/9941/2013 · 2025-09-18
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47207 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 9941 of 2013 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard Sri Ramendra Asthana, learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State respondents and Sri Sanjay Kumar Mishra, learned counsel for the Food Corporation of India. 2. The petitioner is engaged in milling of rice. The petitioner's firm was black-listed by order dated 08.08.2012 passed by Area Manager, Food Corporation of India. In the said order, the chart of rice-millers who have been black-listed, has been given and wherein the name of petitioner's firm is at Srl. No. 22 as Jai Bajrangbali Rice Mill. The consequential orders whereby, the allocated quota for custom hulling of paddy was attached with other mills, is also under challenge. 3. The limited submission is that the order of black-listing was passed without notice and opportunity of hearing to the petitioner firm. It is also submitted that the black-listing cannot be for an indefinite period as it amounts to civil death of the entity. 4. Learned counsel for the petitioner has placed reliance on a judgement dated 01.08.2025 passed by a coordinate Bench in Writ-C No. 3229 of 2013 (M/s Kanhaiya Industries Vs. The State of U.P. and others) whereby, the same order of respondent no. 3, in respect of other mills, was under challenge. Operative part of the said order is as follows: Versus Counsel for Petitioner(s) : Ramendra Asthana Counsel for Respondent(s) : N.P. Singh, Pradeep Kumar Srivastava, Sanjay Kumar Mishra M/S Jai Bajrang Bali Rice And General Mill .....Petitioner(s) The State Of U.P. Thru Secy. And Others .....Respondent(s)
"12. From the above legal proposition, it is clear that the order of debarment cannot be for an indefinite period and it cannot be passed without giving an opportunity of hearing to the person concerned, but in the present case, it is clear that the impugned order of black-listing is not only for an indefinite period, but also passed without giving any opportunity of hearing or giving notice to the petitioner, therefore, the impugned orders black-listing the petitioner deserve to be quashed. 13. Accordingly, the orders impugned in the present petition are hereby quashed.
However, a liberty is granted to the respondent no.2-Regional Food Controller, Bareilly Region, Bareilly to pass fresh order strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner. 14. The writ petition is allowed subject to the observations made above."
5. Counsel for the respondent has no objection in case the instant writ petition is also disposed of on same terms. 6. Accordingly, the instant writ petition also stands disposed of on same terms. September 19, 2025 A. Mandhani WRIC No. 9941 of 2013 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad